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Recognition and execution of confiscation orders
Recognition and execution of confiscation orders
Recognition and execution of confiscation orders
This summary has been archived and will not be updated, because the summarised document is no longer in force or does not reflect the current situation.
Recognition and execution of confiscation orders
SUMMARY OF:
WHAT IS THE AIM OF THE FRAMEWORK DECISION?
It allows a judicial authority in one European Union (EU) country to send an order to freeze or confiscate property directly to the judicial authority in another EU country where it will be recognised and carried out without any further formality.
KEY POINTS
What is a confiscation order?
It is a permanent measure to take illegally obtained property away from criminals or their accomplices.
Offences
Transmission
Recognition and execution
Non-recognition and non-execution
Execution of an order may be refused if the certificate is not produced, is incomplete or clearly does not correspond to the order. It may also be refused in a number of other situations including where:
Postponing execution
Execution may be postponed in several cases including where:
Interested parties
EU countries must ensure that any interested party, including legitimate third parties, have legal remedies against the recognition and execution of a confiscation order, in order to preserve their rights.
FROM WHEN DOES THE FRAMEWORK DECISION APPLY?
It has applied since 24 November 2006 EU countries had to incorporate it into national law by 24 November 2008.
BACKGROUND
MAIN DOCUMENT
Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders (OJ L 328, 24.11.2006, pp. 59–78)
Subsequent amendments to Framework Decision 2006/783/JHA have been incorporated into the basic text. This consolidated version is of documentary value only.
RELATED DOCUMENTS
Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence (OJ L 196, 2.8.2003, pp. 45–55)
Report from the Commission to the European Parliament and the Council based on Article 22 of the Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders (COM(2010) 428 final, 23.8.2010)
last update 07.12.2016